Warwick v. Norvell
Supreme Court of Virginia
This controversy had been already before this court, several times, in various forms; and a recapitulation of the former adjudications concerning it, formed an essential part of the state of the case, in the shape in which it was now presented to the court.
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This controversy had been already before this court, several times, in various forms; and a recapitulation of the former adjudications concerning it, formed an essential part of the state of the case, in the shape in which it was now presented to the court. In ejectment, brought by John Camm and wife and John Warwick and wife against Reuben JYorvell, for a piece of land in Amherst, the jury found, in a special verdict, that the land in controversy was parcel of a tract of 3926 acres, which had been granted, in September 1755, to James Christian, John Christian and William Brown. No division…
1Per curiam
Although the cause was set for hearing after the motion to dissolve the injunction, and before the conditional order dissolving it (which is the order appealed from), the cause has not been heard in the court of chancery on its merits; and either party has yet the right to produce new evidence. To pronounce any decree here, on the merits, would be to take original and not appellate jurisdiction.
As regards the order dissolving the injunction on the condition stated, the general rule is, that when a party comes into a court of equity to be relieved against proceedings at law, he must confess…
2Cited by4 opinions
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